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(영문) 서울중앙지방법원 2016.02.02 2015고정942
사문서위조등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 1, 2014, the Defendant forged a copy of the Defendant’s personal document “a certificate of employment under the name of D representative E, an incorporated association,” which is a private document, using the Defendant’s corporate information “D,” which is written in the Defendant’s curriculum, for the purpose of illegally obtaining a visa from a U.S. study abroad at a remote place.

Accordingly, the Defendant, in collusion with C, forged a letter of “the Defendant’s certificate of employment”, which is a private document on proof of fact without authority, for the purpose of exercising authority.

2. On June 10, 2014, the Defendant: (a) received from C a copy of a forged employment certificate, as described in paragraph (1), from C; and (b) received from C a copy of the forged employment certificate; and (c) granted the same year.

6. Around 110:00, at an interview room in the first floor of the U.S. Embassy in the U.S. Embassy, the above certificate of employment was presented to the employee in charge of the name in the U.S. Embassy stationed in Costone Star who is aware of the fact that the certificate of employment was duly formed.

Accordingly, the defendant conspireds with C to exercise one copy of a forged employment certificate.

Summary of Evidence

1. Legal statement of witness F;

1. Investigation report (verification of the authenticity of the company, an incorporated association, which is a company listed on a suspect's certificate);

1. References to factual inquiries;

1. Application of Acts and subordinate statutes to documents to provide an embassy in Korea (a copy of a forged certificate, etc.);

1. Relevant Article of the Criminal Act, Articles 231, 30 (abstinence of a private document), Articles 234, 231, 30 (abstinence of a private document) of the Criminal Act, and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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